LUCAS BYOUS Vs. CLYDE EBANKS, STATE FARM FIRE AND CASUALTY INSURANCE CO. AND ALLSTATE INSURANCE CO.

State: Louisiana

Court: Fifth Circuit Court of Appeals Clerk

Docket No: 2007-CA-1534

Case Date: 09/01/2008

Plaintiff: LUCAS BYOUS

Defendant: CLYDE EBANKS, STATE FARM FIRE AND CASUALTY INSURANCE CO. AND ALLSTATE INSURANCE CO.

Preview:LUCAS BYOUS VERSUS CLYDE EBANKS, STATE FARM FIRE AND CASUALTY INSURANCE CO. AND ALLSTATE INSURANCE CO.

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NO. 2007-CA-1534 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA

MURRAY, J., CONCURS WITH REASONS On the issue of punitive damages, although the trial court's award of $225,000, or one-half the compensatory damages, is within the reasonableness standard imposed by Campbell, 538 U.S. 408, I recognize that the purpose of awarding punitive damages is to punish the tortfeasor and to deter the reprehensible conduct. BMW of North America, Inc, v. Gore, 517 U.S. 559, 575 (1996). Considering that the defendant is an individual rather than a corporation and that there is no evidence that he had any prior DUI convictions, I agree with the majority's conclusion that $50,000 is a sufficient amount to deter Mr. Ebanks from ever again driving after consuming alcohol. On this basis, I concur in the result reached by the majority.

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